Digital Markets, Competition and Consumers Act 2024

Further amendments U.K.

4 (1) In section 86 (enforcement orders: general provisions), in subsection (6), after “section” insert “70C,”.

(2) In section 88 (contents of certain enforcement orders), in subsection (1), after “section” insert “70C, ”.

(3) In section 94(8) (rights to enforce certain orders)—

(a) after “made by the Secretary of State under” insert “section 70C(2),”;

(b) for “paragraph 2 of that Schedule” substitute “paragraph 2 of Schedule 7”.

(4) In section 107 (further publicity requirements)—

(a) in subsection (3), after paragraph (g) insert—

“(ga) any foreign state intervention notice given by the Secretary of State;

(gb) any report of the CMA under section 70B which the Secretary of State has received;”;

(b) after subsection (11) insert—

“(12) The Secretary of State must publish any report of the CMA under section 70B which the Secretary of State has received within the period of 7 days beginning with the day on which the Secretary of State receives the report.”

(5) In section 109 (attendance of witnesses and production of documents etc), in subsection (A1)(b), at the end insert “or a foreign state intervention notice under section 70A”.

(6) In section 110A (restriction on powers to impose penalties under section 110), after subsection (8) insert—

“(8A) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a foreign state intervention notice under section 70A, the relevant day is the day when the matter to which the notice relates is finally determined under Chapter 3A (see section 70F).”

(7) In section 118 (excisions from reports), in subsection (1)—

(a) omit the “or” at the end of paragraph (aa), and

(b) at the end of paragraph (b) insert “, or

(c) a report of the CMA under section 70B.”

(8) In section 120 (review of decisions under Part 3), in subsection (1A), after paragraph (a) insert—

“(aa) a decision of the CMA or the Secretary of State in connection with a foreign state newspaper merger situation;”.

(9) In section 124 (orders and regulations under Part 3)—

(a) in subsection (3)—

(i) after “59(6A)” insert “, 70G”;

(ii) after “above)” insert “, or paragraph 15 of Schedule 6B,”;

(b) in subsection (5), after “65(3)),” insert “70C”;

(c) after subsection (6) insert—

“(6A) A statutory instrument containing regulations under section 70G or paragraph 15 of Schedule 6B may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”;

(d) in subsection (10), after “58(3)” insert “or 70G, or paragraph 15 of Schedule 6B”.

(10) In section 127 (associated persons), in subsection (1)—

(a) omit the “and” at the end of paragraph (aa), and

(b) after that paragraph insert—

“(ab) for the purposes of section 70A(3);”.

(11) In section 129 (other interpretation provisions), in subsection (1), at the appropriate place insert—

• ““foreign state intervention notice” means a notice under section 70A(1);

• “foreign state newspaper merger situation” is to be interpreted in accordance with section 70A(3);”.

(12) In the table in section 130 (index of defined expressions), at the appropriate place insert—

“Foreign state intervention notice	Section 70A(1)
Foreign state newspaper merger situation	Section 70A(3)”

(13) In Schedule 8 (provision that may be contained in certain enforcement orders), in paragraph 20A (newspaper mergers), after sub-paragraph (1) insert—

“(1A) This paragraph also applies in relation to an order under section 70C(2) (order to prevent foreign control of a newspaper enterprise).”

(14) In Schedule 10 (procedural requirements for certain enforcement undertakings and orders)—

(a) in paragraph 1(b), for “section 75” substitute “section 70C, 75”;

(b) in paragraph 6(b), for “section 75” substitute “section 70C, 75”.

Commencement Information

I1 Sch. 7 para. 4 in force at Royal Assent, see s. 339(2)(a)